I oftentimes write about the beautiful view from my office overlooking the square of beautiful downtown Dahlonega. Each day is always a treat for I can see the comings and goings of the town I call my home.
In every small town there are lots of organizations where people can express their views knowing that we live in a free society. I often hear that folks have freedom of speech and that tney are free to express their views to everyone or anyone no matter where they are, or who they talk to. People believe that there constitutional right to free expression is unhindered no matter where they are, and no matter what the circumstances.
This belief that people have an absolute right to freedom of speech is oftentimes incorrect. The Constitution only applies to freedoms between the government and the people. It does not grant people the absolute right to say or do anything, nor require organizations or business to grant people the right to do or say anything.
Private speech between persons not involving the government may subject the maker of offensive speech liable to another for slander (spoken) or libel (written) speech. In recent legal cases persons who blogged improperly and have libeled another have been hit with large monetary damages. As technology has allowed people to hide their identity on the internet, other technology has allowed others to find them.
Even newspapers cant publish anything they like. They too have an obligation not to libel individuals or businesses with untruths. They cant intentionally malign public figures with unsubstantiated articles.
A typical example of the lack of free speech is in the workplace. in business speech may be highly regulated. Many types of speech can be regulated if not outright banned. common discourtesy may give rise to termination. Employers usually prohibit speech they finds objectionable or unrelated to its business. An employer may ban certain types of speech and at certain times of the day. They might ban personal access to Facebook or other social media. They can ban or restrict certain types of solicitation such as Mary Kay, or church raffles. Union solicitation is highly regulated.
Private organizations are generally free to do what they want when it comes to political speech. To whom, and how they rent their facilities is usually a private matter.
Restrictions on what they run in their private newsletters can be as restrictive as that organization desires.
The issues of freedom of speech becomes more defined in the area of government regulation of speech Generally citizens have a right to express their beliefs freely without fear of government arrest. However speech involving the interplay between the Government and its employees is different. Generally the Courts do not protect those in the government workplace whose speech involves purely personal matters that do not rise to the level of public concern.
Businesses also have a right to free speech when their conduct is regulated by the government. Sign ordinances, liquor ordinances, and other forms of government regulation of business speech are often decided upon in a court. in the area of commercial free speech businesses often time can challenge rules which arbitrarily place limits on advertising.
Free speech is a cornerstone of our democracy but the regulation of speech will continue in the age of the internet, and cyberspace.